Potkaj v. Watkins et al
| Tomasz Potkaj |
| John Prinzi, Michael Kulovitz, James Glasgow and Christopher Watkins |
| 1:2022cv07176 |
| December 20, 2022 |
| US District Court for the Northern District of Illinois |
| Edmond E Chang |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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| Filing 35 PRELIMINARY INJUNCTION ORDER signed by the Honorable Edmond E. Chang. On review of the status report, R. 34, and based on the current record, the motion for preliminary injunction is granted as set forth in the Order. The prior TRO, R. 28, is incorporated into and attached to this preliminary injunction to satisfy the requirement of Civil Rule 65(d)(1)(A). In light of the settlement negotiations, as explained in the status report, the Court emailed all parties, who agreed that (1) no hearing is required tomorrow, 02/16/2023; and (2) responsive pleadings and discovery should be stayed for the next 60 days. The hearing of 02/16/2023 is vacated. A video status hearing is set for04/18/2023 at 9:45 a.m. The parties shall file a status report on 04/13/2023. Responsive pleadings and discovery are suspended for now, and will be set as needed at the next status hearing. Members of the public and media will be able to call in to listen to the hearing. The call-in number is (650) 479-3207 and the access code is 2311 061 1831#. Counsel of record will receive an email before the start of the hearing with instructions to login into the hearing. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (mw, ) |
| Filing 34 STATUS Report (Joint Poaition Statement regarding Injunctive Relief) by Tomasz Potkaj (Attachments: #1 Text of Proposed Order)(Nicholas, Adele D.) |
| Filing 33 MINUTE entry before the Honorable Edmond E. Chang: On the Court's own initiative, the video status hearing set for 02/16/2023 at 12:30 a.m. is reset to 10:30 a.m. on the same date, 02/16/2023. The Plaintiff is still to be present by video on 02/16/2023. Members of the public and media will be able to call in to listen to the hearing. The call-in number is (650) 479-3207 and the access code is 2311 061 1831#. Counsel of record will receive an email before the start of the hearing with instructions to login into the hearing. Counsel for the Plaintiff to provide the login information to the Plaintiff. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (mw, ) |
| Filing 32 MINUTE entry before the Honorable Edmond E. Chang: The Will County SAO's second extension motion to respond to the first amended complaint #31 is granted to 03/03/2023. Emailed notice (mw, ) |
| Filing 31 MOTION by Defendant James Glasgow for extension of time to Answer or otherwise Plead to Plaintiff's Amended Complaint (Pasquinelli, Michael) |
| Filing 30 MINUTE entry before the Honorable Edmond E. Chang: Telephone status hearing held. Counsel for the Plaintiff reported that he did withdrew the motion to withdraw the state guilty plea; moved to the Joliet, IL apartment; and submitted the registration at his new address with the Joliet Police Department. Counsel for the Will County Defendant reported that the state criminal matter is next up on 02/01/2023 for some type of property issue, but it does not appear related to this case. Given the continued circumstances justifying entry of the initial TRO, the TRO is hereby extended from 02/07/2023 to 02/21/2023. It is anticipated that counsel for the two sets of Defendants will be conferring with each other on their respective positions by 02/03/2023. Counsel for the Defendants shall confer with the Plaintiff's counsel by 02/08/2023. If the parties reach an agreement (at least on provisional relief), then the parties shall file a joint position paper by 02/14/2023. If the parties are unable to reach an agreement, then by 02/14/2023, counsel shall file their respective positions addressing the legal and factual disputes. Video hearing set for 02/16/2023 at 12:30 p.m. The Plaintiff to be present by video on 02/16/2023. Members of the public and media will be able to call in to listen to the hearing. The call-in number is (650) 479-3207 and the access code is 2311 061 1831#. Counsel of record will receive an email before the start of the hearing with instructions to login into the hearing. Counsel for the Plaintiff to provide the login information to the Plaintiff. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (mw, ) |
| Filing 29 MINUTE entry before the Honorable Edmond E. Chang: On the Court's own initiative and after consultation between the courtroom deputy and counsel for the parties, the telephone hearing set for 01/31/2023 at 4:45 p.m. is reset to 10:00 a.m. on the same date, 01/31/2023. Members of the public and media will be able to call-in to listen to this hearing. The call-in number is (650) 479-3207 and the access code 180 384 7218#. Counsel of record will receive an email before the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (mw, ) |
Filing 28
ORDER signed by the Honorable Edmond E. Chang. For the reasons stated in the Order, the Plaintiff's motion for preliminary injunction #6 is granted in that a TRO is entered effective immediately. A phone status hearing is set for 01/31/2023 at 4:45 p.m. The Clerk's Office shall substitute Christopher Watkins, in his official capacity as Director of Court Services for Will County, in place of John Prinzi. The Clerk's Office shall change the case short title to Potkaj v. Watkins et al. Members of the public and media will be able to call-in to listen to this hearing. The call-in number is (650) 479-3207 and the access code 180 384 7218#. Counsel of record will receive an email before the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (mw, )
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| Filing 27 SUR-REPLY by Defendants Michael Kulovitz, Christopher Watkins to reply, #23 , motion for preliminary injunction, #6 , response in opposition to motion, #19 (Attachments: #1 Exhibit A (Kulovitz Declaration), #2 Exhibit B (Watkins Declaration))(Dworkin, Hal) |
| Filing 26 MINUTE entry before the Honorable Edmond E. Chang: Telephone status hearing held. Counsel for the parties appeared by telephone. The State Defendants are given until 6:00 p.m. on 01/23/2023 to file a sur-reply to the Plaintiff's motion for preliminary injunction, R. 6, setting forth any concerns (other than the statutory limitation at issue) with the Cora Street, Joliet, address. The preliminary-injunction motion is taken under advisement and the next hearing date will be posted in the anticipated order. Emailed notice (mw, ) |
| Filing 25 ATTORNEY Appearance for Defendants Michael Kulovitz, Christopher Watkins by Hal Dworkin (Dworkin, Hal) |
| Filing 24 MINUTE entry before the Honorable Edmond E. Chang: The unopposed extension motion #18 of Defendants Watkins and Kulovitz (the State Defendants) to respond to the complaint is granted to 02/16/2023. The unopposed extension motion #21 of the Will County SAO to respond to the complaint is granted to 02/13/2023. The unopposed motion #22 of the Will County SAO to file response to the preliminary-injunction motion instanter is granted. Emailed notice (Chang, Edmond) |
| Filing 23 REPLY by Plaintiff Tomasz Potkaj to response in opposition to motion, #20 , response in opposition to motion, #19 (Attachments: #1 Exhibit Supp. Decl. of Plaintiff, #2 Exhibit Decl. of DeBoer, #3 Exhibit Orders Entered in Barnes, #4 Exhibit Report filed in Murphy)(Nicholas, Adele D.) |
| Filing 22 MOTION by Defendant James Glasgow for leave to file Response Previously Filed as Docket No. 20 Instanter (UNOPPOSED) (Pasquinelli, Michael) |
| Filing 21 MOTION by Defendant James Glasgow for extension of time (Unopposed) to Answer or Otherwise Plead to Plaintiff's First Amended Complaint (Pasquinelli, Michael) |
| Filing 20 RESPONSE by James Glasgowin Opposition to MOTION by Plaintiff Tomasz Potkaj for preliminary injunction #6 (Attachments: #1 Exhibit Certified Docket, #2 Exhibit Motion to Withdraw Plea and Vacate Judgment, #3 Exhibit 9/28/2022 Order, #4 Affidavit Affidavit of ASA Hogan)(Pasquinelli, Michael) |
| Filing 19 RESPONSE by Michael Kulovitz, Christopher Watkinsin Opposition to MOTION by Plaintiff Tomasz Potkaj for preliminary injunction #6 (Attachments: #1 Exhibit 1 - Sex Offender Registration Notification Form, #2 Exhibit 2 - Motion to Withdraw Guilty Plea, #3 Exhibit 3 - Will County Circuit Court online docket)(Sahinoglu, Marci) |
| Filing 18 MOTION by Defendants Michael Kulovitz, Christopher Watkins for extension of time to file answer regarding amended complaint #4 (UNOPPOSED) (Sahinoglu, Marci) |
| Filing 17 MINUTE entry before the Honorable Edmond E. Chang: The State Defendants' unopposed extension motion #16 to respond to the preliminary injunction motion is granted to 01/17/2023. The Plaintiff may reply on 01/20/2023. The Clerk's Office shall replace add Christopher Watkins, Will County Director of Court Services, in his official capacity, as a defendant on the docket. Emailed notice (mw, ) |
| Filing 16 MOTION by Defendants Michael Kulovitz, John Prinzi for extension of time to file response to motion for preliminary injunction (UNOPPOSED) (Sahinoglu, Marci) |
| Filing 15 ATTORNEY Appearance for Defendants Michael Kulovitz, John Prinzi by Marci L. Sahinoglu (Sahinoglu, Marci) |
| Filing 14 MINUTE entry before the Honorable Edmond E. Chang: The motion to terminate appearance as to John Prinzi, in his official capacity as Director of Court Services #13 , is granted. The Clerk's Office shall terminate the current appearance as to Defendant Prinzi (but keep in place the appearance as to Defendant Glasgow). The extension motion (as modified to apply only to Defendant Glasgow) #12 is granted. Glasgow's response is due by 01/17/2023. The Plaintiff may reply by 01/20/2023. The status hearing of 01/17/2023 is reset to 01/23/2023 at 12:15 p.m., still by phone. Members of the public and media will be able to call-in to listen to this hearing. The call-in number is (650) 479-3207 and the access code is 180 384 7218#. Counsel of record will receive an email before the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Emailed notice (mw, ) |
| Filing 13 MOTION by Defendant James Glasgow to withdraw appearance inadvertently filed, in error, on behalf of John Prinzi, in his Official Capacity, and to Modify Unopposed Extension (Doc # 12) to reflect that it is being brought solely by James Glasgow, in his Official Capacity (Pasquinelli, Michael) |
| Filing 12 MOTION by Defendants James Glasgow, John Prinzi for extension of time to Respond to Plaintiff's Motion for Preliminary Injunction and to Strike and Re-Set Briefing Schedule and Status Date (UNOPPOSED) (Pasquinelli, Michael) |
| Filing 11 ATTORNEY Appearance for Defendants James Glasgow, John Prinzi by Michael J. A. Pasquinelli (Pasquinelli, Michael) |
| Filing 10 ATTORNEY Appearance for Plaintiff Tomasz Potkaj by Mark G. Weinberg (Weinberg, Mark) |
| Filing 9 STATUS Report Regarding Notice of Deadlines by Tomasz Potkaj (Attachments: #1 Exhibit Proof of Service, #2 Exhibit Proof of Delivery to IL AG, #3 Exhibit Correspondence with Meyers, #4 Exhibit Correspondence with Newman, #5 Exhibit Correspondence to Griffin)(Nicholas, Adele D.) |
| Filing 8 ANNUAL REMINDER: Pursuant to #Local Rule 3.2 (Notification of Affiliates)#, any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this #LINK# will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) |
| Filing 7 MINUTE entry before the Honorable Edmond E. Chang: On the Plaintiff's motion for preliminary injunction, the Defendant's response is due by 01/10/2023. The Plaintiff's reply is due by 01/13/2023. The Plaintiff shall immediately contact the Attorney General's Office to ask about the assignment of an AAG and to provide notice of this response deadline. The Plaintiff shall file a status report on the notification by 12/30/2022. A phone status hearing is set for 01/17/2023 at 4:45 p.m. Members of the public and media will be able to call-in to listen to this hearing. The call-in number is (650) 4793208 and the access code is 180 384 7218#. Counsel of record will receive an email before the start of the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice (cn). Modified on 12/27/2022 (cn). |
| Filing 6 MOTION by Plaintiff Tomasz Potkaj for preliminary injunction (Attachments: #1 Exhibit Declaration of Plaintiff, #2 Exhibit Declaration of Bob McKelvey - New Day Apartments, #3 Exhibit Declaration of Jon Beall - Wayside Cross Ministries, #4 Exhibit Declaration of Amer Mostafa - Amer Living LLC)(Nicholas, Adele D.) |
| Filing 5 NOTICE by Tomasz Potkaj of Constitutional Challenge Pursuant to Fed. R. Civ. P. 5.1 (Nicholas, Adele D.) |
| SUMMONS Issued as to Defendants James Glasgow, Michael Kulovitz, John Prinzi (mbh, ) |
| Filing 4 First AMENDED complaint by Tomasz Potkaj against All Defendants (Nicholas, Adele D.) |
| CASE ASSIGNED to the Honorable Edmond E. Chang. Designated as Magistrate Judge the Honorable Young B. Kim. Case assignment: Random assignment. (mbh, ) |
| CLERK'S NOTICE: Pursuant to Local Rule 73.1(b), a United States Magistrate Judge of this court is available to conduct all proceedings in this civil action. If all parties consent to have the currently assigned United States Magistrate Judge conduct all proceedings in this case, including trial, the entry of final judgment, and all post-trial proceedings, all parties must sign their names on the attached #Consent To# form. This consent form is eligible for filing only if executed by all parties. The parties can also express their consent to jurisdiction by a magistrate judge in any joint filing, including the Joint Initial Status Report or proposed Case Management Order. (mbh, ) |
| Filing 3 ATTORNEY Appearance for Plaintiff Tomasz Potkaj by Adele D. Nicholas (Nicholas, Adele D.) |
| Filing 2 CIVIL Cover Sheet (Nicholas, Adele D.) |
| Filing 1 COMPLAINT filed by Tomasz Potkaj; Filing fee $ 402, receipt number AILNDC-20161088.(Nicholas, Adele D.) |
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